Bissell v. . Pearce
New York Court of Appeals
Action for the conversion of a horse, tried by the court, without a jury. The pleadings are sufficiently noticed in the opinion of Marvin, J. in connection with a question made upon them. The plaintiff claimed the horses as mortgagee, his brother Edwin being the mortgagor.
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Action for the conversion of a horse, tried by the court, without a jury. The pleadings are sufficiently noticed in the opinion of Marvin, J. in connection with a question made upon them. The plaintiff claimed the horses as mortgagee, his brother Edwin being the mortgagor. He put in evidence, under objection and exception, a paper purporting to be a copy of a chattel mortgage, dated January 5, 1858, filed in the office of the town clerk of Hartland, Niagara county, January 6, 1858. This mortgage recited an indebtedness of • $813, to secure the payment of which sum, in. one year, the horse in…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Waiving, for a moment, the consideration of the questions raised by the exceptions, and excluding the first mortgage, and stating the case most favorably for the defendant, it will, in short, be thus: Edwin B. Bissell, the owner of the four horses, sold and mortgaged them, with other property, (another horse,) to the plaintiff to secure the payment of $485, the balance of a debt then owing by him to the plaintiff, the sale c. to be void on the payment of the…
2Cited by24 opinions
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- Storms v. SmithMassachusetts Supreme Judicial Court · 1884
- Hanch v. RipleyIndiana Supreme Court · 1890
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